Intruders

[Get_Some]

I have a quick question. I'm sure this varies by state but I was interested on the law when it comes to an intruder. I currently own a weapon, but I do not yet have my permit to carry so I do not know the laws regarding somebody entering your home. Am I legally in my right to shoot ANY intruder that enters my home? Or do they need to also possess a weapon? Do I need to prove my life was in danger? I'm in MN, so if anybody out there knows their laws I'd much appreciate it! Thanks.

[retdetsgt]

You will need to show that you were in fear of your or your family's life in most states. That's generally not that hard to do, but shooting someone in the back as they run away might get ugly in some places.

[1depd]

I don't know the laws in MN, but you are going to get many, many different answers and invariably the discussion will result in the different laws in various parts of the country. I find these types of discussions interesting to see the difference in laws across the country. I'll start down that road. In my last state, burglary was considered a violent crime and as such deadly force was a legal option. Someone reaching into your car door and stealing a cigarette out of it met the definition of a burglary. To make it more interesting/confusing stealing the whole car was simply grand theft and deadly force was not an option.

As far as burglary to a dwelling, the person did not actually have to be inside to have it qualify as a burglary. All they had to do was break the curtilage. The eaves, or a fenced yard qualified for that purpose. It would be a very difficult case to make if you didn't see the person before shooting them, though. What if it was your drunk neighbor who returned "home" to the wrong house? Or you daughter's boyfriend dropping her off? Or your kid, who was supposed to be in bed trying to sneak in/out?

My advice, call 9-1-1, bunker yourself in and wait for the po-po. The dispatcher might keep you on the line. That is a good thing. Anything you say to the bad guy, say it loud and it will be recorded on tape. If the situation goes south, the dispatcher will be able to advise any responding officers as soon as it occurs. If the bad guy isn't inside yet, you have time. If you alert the bad guy, odds of catching him goes down. If you wait until they are inside, you can very easily justify your fear, so not only do you meet the legal requirements you will be able to more easily pass the test given by a jury. Especially at night, someone poking around the outside of your house is most likely not there to sell you girl scout cookies.

[Get_Some]

Looks like my reply didn't post. I think I need to get used to this site, LOL. Well my situation does not involve a family. I live by myself in an apartment in MPLS. If somebody enters my home they would not be there to sell me a newspaper. I would feel like a sitting duck in my room. Maybe the best plan would be calling 911, and placing the call on speaker next to me. Then just point my flashlight and pistol at the door and wait to react....or hope they leave?

[retdetsgt]

Killing someone, even an intruder is not something you want to go through. Trust me on that. However, if you need to, you need to. Use common sense.

Yelling usually makes the person flee, they're almost always there to steal, not do harm. But there are exceptions, of course. Again, common sense.

[Get_Some]

Killing someone, even an intruder is not something you want to go through. Trust me on that. However, if you need to, you need to. Use common sense.

Yelling usually makes the person flee, they're almost always there to steal, not do harm. But there are exceptions, of course. Again, common sense.

No. Killing somebody is the last thing I ever want to do. But kill or be killed. I think I would have to see a gun before I pulled a trigger.

[scott715us]

No. Killing somebody is the last thing I ever want to do. But kill or be killed. I think I would have to see a gun before I pulled a trigger.

Some states, such as TN (where I live), have self defense statutes aka "Castle doctrines" where a person who knows, or has reason to know, the suspect FORCIBLY entered their home is presumed to have fear of imminent bodily injury or death (where lethal force is justified). A weapon doesn't have to be seen in this situation. This statute has recently extended to business and even vehicles in TN. Like others have said, every situation can be different. Whether you want to let the intruder know you're about to shoot him to see if that gets him out of your house is up to you.

[retdetsgt]

No. Killing somebody is the last thing I ever want to do. But kill or be killed. I think I would have to see a gun before I pulled a trigger.

In the dark, you probably wouldn't have that opportunity.

In Oregon, if someone is in your house, you can assume he is there to do you harm and you can do whatever necessary to protect yourself. His presence in (or coming into) your house is all that it takes.

It doesn't apply to unoccupied vehicles though. We had a case where a man saw a kid breaking into his pickup parked in front of his house. He got his rifle and shot and killed the kid. The shooter went to prison for it because there is no way he could show that the kid breaking into his unoccupied pickup was any physical threat to him or anyone else.

It's not this way in all states, but here if you spook some burglar, he runs out the door and you shoot him in the back as he's fleeing through your yard, you're probably going to be in deep poop. Again, if outside the house and running away, he no longer poses a threat to you. Threat is what it's all about.

[Get_Some]

Thanks a lot, guys.

[Get_Some]

Do you guys have any recommendations on home defense weapons? I currently own a Smith and Wesson 9mm compact M/P. I haven't had the experience as you guys as far as pistols. This one seems pretty good. But on the other hand, I probably dont know what "good" is.